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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 09-30-2017, 10:07 AM
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triplejjulius is on a distinguished road
Default Case Conference Request.

Hi All,

I recently let my lawyer go-didn't feel she was acting in my best interest and lost trust in her. I do not plan on retaining a lawyer full time for now. We see what happens at CC.

I am about to schedule a case conference for spring 2018-specifically to deal with Financial issues and Equalization and possible sale of the Matrimonial home in a subsequent motion. There is neither an agreement nor a court order on any of the outstanding issues- Current access schedule with our kid is 50-50.

The OCL got involved due to the high conflict situation coming out of the separation and recommended 50-50 access arrangement . However the OCL did not make a recommendation on custody due to various issues surrounding communication at that time which has gotten better. Prior to the OCL involvement my ex had 80% access time.

I currently pay child support. Paid at full guideline for 2 years - began paying right after separation but when access time changed to 50-50, I asked my ex for offset child support and she said no. Long story short I imputed an income on her and for the past 9 months I pay offset based on the imputed income.

Ex refuses to share a copy of her income and obviously would do anything to avoid court because she sitting on the matrimonial home with lots of equity in it. Household debt -she refuses to acknowledge it because I foolishly put most on my credit card.-but there is some evidence that she knew.

QUESTION: Can I request a case conference to specifically deal with the Financial issues alone? and can the opposing lawyer ask that all outstanding issues be discussed at CC. Is it a must that all outstanding issues be discussed at case conference. I am trying to be focused on issues one at a time. Is this a bad idea.
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Old 09-30-2017, 10:32 AM
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Stillbreathing is on a distinguished road
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Case conferences are time limited and short. Not enough time to discuss EVERY issue. Focus on the two or three most important issues you feel will move the case forward. Keeping in mind that if they are unresolved after CC you can then bring a motion to have an order made. Issues must first be discussed in CC before you can bring a motion. For example, the matrimonial home. You want it sold? Discuss at CC. STBX says no? Go to a motion and get an order to force the sale.

That being said, be aware that once you get heavy handed in family litigation with orders that "force things to happen, you get natural consequences that flow from doing so. These consequences may include spin off consequences which you had not intended. Such as if you force the sale of the home where will your STBX and kids go? A friend (who later becomes her boyfriend?), a hotel? Her parents? A neighbouring city? Another province? Another country? Homeless?

Just a warning. Think of all the doors you didn't mean to open when you get an order forcing something.
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Old 09-30-2017, 11:57 AM
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rockscan will become famous soon enough
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Remember too that the point of a case conference is to get the parties to settle. Which means the judge can make an interim order for disclosure.

When you do your paperwork make sure you put in that you are requesting disclosure of all the information you are allowed like her income and current status of all household debt/bills.

You can also ask for interim orders like off set child support etc. It may not happen but this is an opportunity to have a judge school her.

Even if she has representation that doesn't mean they can bully you. You can stick to your argument which would be following a reasonable (legal) path and still be true. Some lawyers try to bully self repped litigants. Don't feel you aren't good enough.
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